Important witness pointers etc. you will need when you are making a will

Witness Requirements When you decide that you’re ready to get your affairs in order, one of the first things that you will need to get is a will. A will can be a rather frustrating document to compile. You’ll need to know what you own and what you want to do with it when you die. However, no matter how well crafted the will, you can unintentionally sabotage yourself by choosing the wrong witnesses.

Most of the time, the requirements for choosing a witness are fairly wide open. You can choose a number of individuals to serve in that capacity. It’s the individuals whom you may not choose that can cause the problem.

The Disinterested Requirement

In most states, the one requirement for a witness, aside from being a competent adult, is that the witness to the last will and testament must be a disinterested witness. While the actual definitions relating to a disinterested witness will vary somewhat, the general ABA definition simply requires that the witness not receive anything from the will.

Often times, this throws testators into confusion. After all, the individuals whom they are most likely to ask to witness the will are those whom they want to give gifts to. The reason that the courts and legislatures frown on this though is that it leads to significantly more will contests. Individuals who are interested in the contents of the will might be presumed to have tried to alter the will. Instead of leaving the door open to more litigation, the simpler solution is just to have disinterested witnesses.

Consequences of Having an Interested Witness

The consequences for having an interested witness vary from state to state. One of the biggest risks is that the court will actually throw the entire will out and make the court go through probate. This result is one of the harsher ones. However, most state legislatures believe that this is the only way that people will take the matter seriously. Some states feel that this is an overly harsh solution. Instead, they require that the will be revoked in regards to the bequests for that individual. So, if for instance you bequeathed a set of china and books to your sister who served as a witness to your will, the will would be revoked only about the china and the books for your sister. That part of the estate would then pass through probate.

Probate takes significantly longer than an estate with a valid will. It also generally results in additional taxes and fees that would not otherwise come into play. Since the results rarely mirror what the testator wanted, it’s important to avoid making a simple mistake such as this. In most cases, you will not be able to have family members or close friends serve as your witnesses. Banks and law offices often allow individuals to come in and sign their wills with the employees serving as the witnesses. With so many other people to choose from, it’s better to choose a completely disinterested witness rather than risk the will being contested and thrown out because of an interested one